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MINUTES OF PROCEEDINGS

Meeting No. 59

Thursday, February 7, 2013

The Standing Committee on Aboriginal Affairs and Northern Development met at 8:48 a.m. this day, in Room 228, La Promenade Building, the Chair, Chris Warkentin, presiding.

Members of the Committee present: Stella Ambler, Hon. Carolyn Bennett, Dennis Bevington, Ray Boughen, Rob Clarke, Jean Crowder, Jonathan Genest-Jourdain, Carol Hughes, Greg Rickford, Kyle Seeback, Chris Warkentin and David Wilks.

In attendance: Library of Parliament: Norah Kielland, Analyst ; Tonina Simeone, Analyst.

Witnesses: Department of Justice: Tom Isaac, Senior Counsel, Negotiations, Northern Affairs and Federal Interlocutor. Department of Indian Affairs and Northern Development: Paula Isaak, Director General, Natural Resources and Environment Branch; Todd Keesey, Policy Analyst, Resource Policy and Programs Directorate; Janice Traynor, Environmental Policy Analyst, Environmental Policies and Studies, Northern Affairs.

Pursuant to the Order of Reference of Monday, November 26, 2012, the Committee resumed consideration of Bill C-47, An Act to enact the Nunavut Planning and Project Assessment Act and the Northwest Territories Surface Rights Board Act and to make related and consequential amendments to other Acts.

Paula Isaak made a statement and, with the other witnesses, answered questions.

At 9:47 a.m., the sitting was suspended.

At 9:55 a.m., the sitting resumed.

The Committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 was postponed.

The Chair called Clause 2.

On Clause 2,

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 40 to 42 on page 3 with the following:

“the federal public administration, and any other federal public body including the Governor in Council and a Minister; and

(b) a department, agency or other division of the public service of Nunavut, and any other territorial public body including the Executive Council of Nunavut and a Minister.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 1 and 2 on page 6 with the following:

““regulatory authority” means a minister, a”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended

(a) by replacing lines 21 to 26 on page 8 with the following:

“9. (1) The federal Minister may delegate, by order, to the territorial Minister any of the federal Minister’s powers, duties or functions under this Act, either generally or as otherwise provided in the order, except that the delegation cannot abrogate or”

(b) by replacing lines 29 to 31 on page 8 with the following:

“(2) An order may not be made under subsection (1) except after close consultation with the designated Inuit organization and must be published in the Canada Gazette.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by adding after line 29 on page 10 the following:

“(a.01) promote public awareness and discussion and conduct public hearings and debate throughout the land use planning process;”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 16 on page 20 with the following:

“39. (1) The costs of the Commission and the Board are the responsibility of the Government of Canada and the Commission and the Board must ”

The Chair ruled the proposed amendment inadmissible because it infringed on the financial initiative of the Crown, as provided on pages 767-768 of House of Commons Procedure and Practice, Second Edition.

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended by adding after line 44 on page 20 the following:

“39.1 For greater certainty, the Commission and the Board continue to be funded by an appropriation by Parliament.”

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended

(a) by replacing line 30 on page 21 with the following:

“45. The Commission must, in exercising its”

(b) by replacing line 6 on page 28 with the following:

“67. The Commission must, in conducting its”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended by adding after line 18 on page 23 the following:

“48.1 When the carrying out of a project is allowed by the Commission, any new or revised land use plans applicable to the project do not apply to the licences, permits or other authorizations required to be obtained by the proponent.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing lines 43 to 45 on page 25 with the following:

“including

(a) the purposes set out in section 47;

(b) the requirements set out in section 48;

(d) existing rights and interests in so far as these are to be considered under any of paragraphs (a) to (c).”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 4; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-47, in Clause 2, be amended by replacing lines 42 to 44 on page 27 with the following:

“factors, including

(a) the purposes set out in section 47;

(b) the requirements set out in section 48;

(d) existing rights and interests in so far as these are to be considered under any of paragraphs (a) to (c).”

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 14 on page 28 with the following:

“conduct their activities and operations in accordance with it.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended by replacing line 14 on page 28 with the following:

“exercise their powers and perform their duties and functions in conformity with it.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 15 on page 28 with the following:

“69. (1) Without restricting the generality of section 68, each regulatory authority must, to”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by adding after line 7 on page 30 the following:

“(7) A regulatory authority that issues a licence, permit or other authorization to which subsection (1) applies must, within a reasonable time after receiving a written request from the Commission, send a copy of the licence, permit or authorization to the Commission.”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 10 on page 32 with the following:

“(e) the responsible Minister has decided under this Part”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following amendment which is therefore also negatived:

That Bill C-47, in Clause 2, be amended by replacing line 1 on page 33 with the following:

“(e) the responsible Minister has decided under this Part”

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 29 on page 39 with the following:

“judgment,”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

By unanimous consent, it was agreed, — That the result of the vote on the previous amendment be applied to the following two (2) amendments which are therefore also negatived:

That Bill C-47, in Clause 2, be amended by replacing line 40 on page 39 with the following:

“judgment,”

That Bill C-47, in Clause 2, be amended by replacing line 37 on page 79 with the following:

“(b) the activities may, in the Board’s judgment,”

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended

(a) by replacing lines 39 and 40 on page 39 with the following:

“(b) a review is not required if the Board determines that”

(b) by replacing lines 15 and 16 on page 55 with the following:

“has issued if the responsible Minister determines that any of paragraphs (1)(a) to (c)”

“(b) the Board determines that the activities may proceed without such a review.”

After debate, the question was put on the amendment of Dennis Bevington and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Jean Crowder moved, — That Bill C-47, in Clause 2, be amended by replacing line 10 on page 43 with the following:

“project involves a matter of significant national”

After debate, the question was put on the amendment of Jean Crowder and it was negatived, by a show of hands: YEAS: 5; NAYS: 6.

Carolyn Bennett moved, — That Bill C-47, in Clause 2, be amended by adding after line 26 on page 44 the following:

“94.1 The responsible Minister must establish a participant funding program to promote public participation in the review of projects if the Minister

(a) agrees with the Board's determination that the project should be reviewed; or

(b) is of the opinion that the project should be reviewed in the national or regional interest.”

Dennis Bevington moved, — That Bill C-47, in Clause 2, be amended by adding after line 26 on page 44 the following:

“94.1 The Board must establish a participant funding program to promote public participation in the review of projects that have been sent to the Board under subparagraph 94(1)(a)(iii) or (iv).”

At 10:42 a.m., the Committee adjourned to the call of the Chair.

Jean-Marie David
Clerk of the Committee

2013/02/11 3:58 p.m.